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16-0919 Monday “The Daily Bugle”

16-0919 Monday “Daily Bugle”

Monday, 19 September 2016

TOP
The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, Customs, NISPOM, EAR, FACR/OFAC, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
here for free subscription.  Contact us
for advertising inquiries and rates. 
 

  1. President Continues National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support Terrorism 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. State/DDTC: (No new postings.) 
  1. Reuters: “Iran Expects U.S. Export License for Aircraft at End of September: Official” 
  1. M.E. Burke: “Every U.S. Life Sciences Company Needs an Export Control Compliance Program (No, Really….)” 
  2. R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “Changes to the Encryption Regulations in 2016” 
  3. Gary Stanley’s ECR Tip of the Day 
  1. Monday List of Ex/Im Job Openings: 113 Jobs Posted 
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (26 Aug 2016), DOD/NISPOM (18 May 2016), EAR (7 Sep 2016), FACR/OFAC (18 May 2016), FTR (15 May 2015), HTSUS (30 Aug 2016), ITAR (8 Sep 2016) 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. President Continues National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support Terrorism

 
81 FR 64341-64343: Continuation of the National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support Terrorism
 
On September 23, 2001, by Executive Order 13224, the President declared a national emergency with respect to persons who commit, threaten to commit, or support terrorism, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks on September 11, 2001, in New York and Pennsylvania and against the Pentagon, and the continuing and immediate threat of further attacks against United States nationals or the United States.
 
The actions of persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 13224 of September 23, 2001, and the measures adopted on that date to deal with that emergency, must continue in effect beyond September 23, 2016. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to persons who commit, threaten to commit, or support terrorism declared in Executive Order 13224.
 
(Presidential Sig.)
THE WHITE HOUSE,
September 15, 2016.
* * * * * * * * * * * * * * * * * * * *

OGSOTHER GOVERNMENT SOURCES

OGS_a12. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

 
* Commerce; Industry and Security Bureau; RULES; [Publication Date: 20 September 2016.]:
  – Entity List
  – Wassenaar Arrangement Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates

* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 20 September 2016.]  

* * * * * * * * * * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * *

NWSNEWS

NWS_a15. Reuters: “Iran Expects U.S. Export License for Aircraft at End of September: Official”
(Source: Reuters)
 
Iran has been told that the United States will issue export license within weeks to facilitate the purchase of Boeing and Airbus jets and European ATR turboprop planes, a senior Iranian official said on Sunday.
 
Approval had been expected by the end of August, but that has been pushed back to the end of September, Deputy Roads and Urban Development Minister Asghar Fakhrieh Kashan said.
 
  “Today we are expecting that (approval) by the end of September for Boeing, Airbus and ATR,” he told the CAPA Iran Aviation Finance Summit in Tehran.
 
The U.S. Treasury can veto sales of modern aircraft to Iran, including non-U.S. ones, due to the high proportion of U.S. parts.
 
Failure to issue the required U.S. approval would breach an agreement between Tehran and world powers to ease sanctions in return for curbs on Iran’s nuclear activities, Kashan said.
 
An Iranair official said the airline is meanwhile looking to acquire second-hand aircraft or hire crewed aircraft to help meet its most urgent needs.
* * * * * * * * * * * * * * * * * * * *

COMMCOMMENTARY

COMM_a16. M.E. Burke: “Every U.S. Life Sciences Company Needs an Export Control Compliance Program (No, Really….)”

 
* Author: Michael E. Burke, Esq.,
Arnall Golden Gregory LLP, michael.burke@agg.com, 202-677-4046.
 
Two recent settlements by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) confirm that every U.S. life sciences company engaging in exports should have an effective U.S. export control compliance program:
 
  – In July, Alcon Laboratories, Inc. and certain of its affiliates settled, for $7,617,150, potential civil liability for apparent violations of each of the Iranian Transactions and Sanctions Regulations (ITSR) and the Sudanese Sanctions Regulations (SSR). The alleged violations involved the unlicensed sale to Iran and Sudan of certain medical end-use surgical and pharmaceutical products.
  – In early September, World Class Technology Corporation paid $43,200 to settle potential civil liability for alleged violations of the ITSR related to the sale of orthodontic devices to Iran; the alleged transactions had an aggregate value of $59,886.
 
In each case, the absence of an effective export compliance program was determined by OFAC to be an aggravating factor in calculating financial penalties. During OFAC’s investigation, Alcon produced information indicating that from August 2008 to December 2011, it violated the ITSR on 452 occasions and the SSR on 61 occasions by selling and exporting, without prior OFAC authorization, medical end-use surgical and pharmaceutical products to distributors located in Iran and Sudan, respectively. Before determining the final penalty, OFAC determined that the statutory maximum civil monetary penalty amount for Alcon’s alleged violations was $138,982,584 and the base penalty amount was $16,927,000.
 
World Class Technology Corporation produced information indicating that it violated the ITSR on seven occasions between April 2008 and July 2010 by exporting U.S. origin medical devices to Germany, Lebanon and/or the United Arab Emirates with knowledge, or a reason to know, that such shipments were intended specifically for supply, transshipment, or re-exportation to Iran. OFAC determined that the maximum statutory civil penalty amount for World Class Technology’s alleged violations was $1,750,000, and the base penalty amount was $80,000.
 
Prior to assessing a penalty or otherwise entering into any settlement, OFAC considers mitigating and aggravating factors to reduce, or increase, the final penalty amount. OFAC’s discussion of mitigating and aggravating factors is valuable reading for U.S. exporters, as it illuminates OFAC’s expectations as to export compliance.
 
In the Alcon and World Class Technologies cases, OFAC found the following aggravating factors:
 
  – Alcon was determined to have extensive experience in international trade, and therefore demonstrated reckless disregard for U.S. sanctions requirements by (i) having virtually no compliance program at the time of the alleged violations; and (ii) failing to take adequate steps to investigate a third-party freight forwarder’s cessation of shipments to Iran.
  – Although OFAC determined that World Class Technologies “lacked commercial sophistication in conducting international sales at the time of the alleged violations,” the company did not have an effective U.S. export compliance program prior to June 2008.
  – Each company’s senior management knew, or had reason to know, about the alleged violations, and the alleged violations were ‘willful.’
  – Neither company voluntarily self-disclosed the alleged violations.
 
In the Alcon and World Class Technologies cases, OFAC found the following mitigating factors:
 
  – Neither company’s alleged violations were determined to be ‘egregious.’
  – Neither company’s alleged violations harmed U.S. sanctions programs because the exports in question involved medical end-use products that were licensable for sale/export/shipment to Iran and Sudan pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA). The TSRA licensing mechanism, limited to defined medical end-use products and other specific items, is an exception to the general prohibition on U.S. businesses transacting with Iran or Sudan. In fact. Alcon had used the TSRA mechanism to obtain licenses for other similar exports to Iran and Sudan both before and after the time period in which the alleged violations took place.
  – Neither company had a prior OFAC sanctions history; neither had received a Penalty Notice or Finding of Violation from OFAC in the five years preceding the date of the earliest transaction giving rise to the alleged violations. Each of Alcon and World Class Technology was eligible for “first violation” mitigation of up to 25 percent.
  – Each company substantially cooperated with OFAC’s investigation by, among other actions, agreeing to toll the statute of limitations during the pendency of such investigation.
  – Each company instituted or upgraded to robust compliance program that included: (i) updated or newly-created corporate export and trade sanctions compliance documents; (ii) enhanced trade compliance training; and (iii) enhanced compliance procedures for requesting OFAC licenses.
 
AGG Observations:
 
U.S. life sciences companies engaging in exports should take away the following practice points from these settlements:
 
  – OFAC has made a clear statement that each exporter, including those that may lack commercial sophistication as to international transactions, must have a robust export compliance policy and program.
  – The transactions cited in the World Class Technology Corporation settlement were valued at $59,886. The maximum statutory civil penalty amount for the alleged violations was $1,750,000, the base penalty amount was $80,000, and the settlement amount was $43,200. OFAC has consistently told exporters that potential penalties are not calculated based solely on the value of the underlying transaction(s).World Class Technology could have been penalized between 134% and 2922% of the value of the underlying transaction, and that’s a powerful argument for investing in an export compliance program.
  – OFAC considers tolling agreements a key indicator of ‘cooperation’ from those companies being investigated. A tolling agreement eliminates the usual five-year statute of limitations, and expands the potential scope of transactions OFAC may review and could potentially penalize in a given investigation.
  – OFAC places significant mitigation value on voluntary self-disclosures. If you’ve determined that your company has violated (or there is a high probability that it has violated) U.S. export controls, a voluntary self-disclosure is the recommended course of action. If OFAC discovers a potential violation before a self-disclosure is filed and/or if the self-disclosure is filed more than thirty days after you have become aware of a potential violation, you lose all of the mitigating benefits that otherwise attach to the self-disclosure.
  – Just as a pro-compliance ‘tone from the top’ is important for an effective export compliance program, situations where senior management knows, or has reason to know, about potential export compliance violations but does not act will be a significant aggravating factor in OFAC’s analysis.
 
If your company does not have an export compliance program, or if you have not reviewed or updated your program in the last year, now is the time to make the compliance investment.

* * * * * * * * * * * * * * * * * * * *

COMM_a27. R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “Changes to the Encryption Regulations in 2016”

 
* Authors: Roszel C. Thomsen, Esq., Roz@t-b.com; Antoinette D. Paytas, Esq., Toni@t-b.com; and Maher M. Shomali, Esq., maher@t-b.com. All of Thomsen & Burke, LLP.
 
Introduction
 
The Department of Commerce’s Bureau of Industry and Security (BIS) intends to publish amendments to the Export Administration Regulations (EAR) tomorrow, September 19th, governing Encryption Items in the U.S. Federal Register. These amendments include (1) changes arising from the Obama Administration’s ongoing Export Control Reform (ECR) effort, and (2) changes to Category 5, Part 2 of the Commerce Control List of the EAR arising from the 2015 Wassenaar Dual Use List Review. A copy of the pre-publication notice can be found on the Federal Register’s Pre-Publication page.
 
Export Control Reform Changes
 
The ECR effort will result in significant process improvements governing exports of Encryption Items, but only minor updates to the control parameters for “Network Infrastructure” Encryption Items. This is perhaps the “last gasp” of the ECR process, which so far has resulted in extensive changes to the U.S. Munitions List of the International Traffic in Arms Regulations (ITAR) and creation of the Commerce Munitions List of the EAR, but left the controls on Encryption Items essentially static since the last significant changes in 2010.
 
Further, a reorganization of Category 5 – Part 2 will result in a major reorganization of ECCN 5A002, including the addition of two new ECCN 5A00X subclassifications. As such, there will be categories for three primary sets of items: Cryptographic “Information Security;” Non-Cryptographic “Information Security;” and, Cryptanalytic Items. Along with the reorganization of ECCN 5A002, ECCNs 5A992, 5D992, and 5E992 have been adjusted and most items that are not Note 3 (“Mass market”) items, will be moved from the 5X992 classifications to EAR99.
 
Process Improvements
 
ENC Registration and Annual Reporting Consolidation. The ENC Registration requirement will be eliminated. However, elements of the ENC Registration will be added to the required Annual Reports for items described in Sections 740.17(b)(1) or Section 742.15(b)(1) of the EAR. (These sections describe products frequently referred to as “Unrestricted” and “Mass Market” Encryption Items.). The new, updated requirements for the Annual Reports will be published in Supplement No. 8 to Part 742 of the EAR.
 
CCATS Accepted as Substitute for Annual Reporting. Products described in a CCATS will not be subject to the new Annual Reporting requirement. This will eliminate the duplication of effort, where exporters obtain CCATS for Unrestricted and Mass Market Encryption Items that otherwise require Annual Reporting. In addition, once included in an Annual Report, products do not need to be included in subsequent Annual Reports.
 
Exports to “Less Sensitive Government End-Users” Authorized under License Exception ENC. Previously, exporters had to obtain an export license or Encryption Licensing Arrangement (ELA) in order to export Encryption Items described in Section 740.17(b)(2) to Government End-Users located in countries outside of Supplement No. 3 to Part 740 of the EAR. (Section 740.17(b)(2) describes products frequently referred to as “Restricted” Encryption Items). Such products will now become eligible for export under License Exception ENC to “Less Sensitive Government End-Users” described in a new definition added to Part 772 of the EAR. These are the same types of end-users that have been previously authorized under Global ELAs. Exports to more sensitive Government End-Users will continue to require either an ELA or an individual license.
 
Publicly Available Software and Source Code No Longer Subject to the EAR. After filing of a one-time Notification, encryption software and source code that is publicly available no longer will be subject to the EAR.
 
Amendments to the Technical Questionnaire for Encryption Items. BIS has made additions, subtractions and clarifications to the technical questionnaire that must be submitted in connection with classification requests and other submissions for encryption products. The new requirements are described in the revised Supplement No. 6 to Part 742 of the EAR.
 
Authorization of Intra-Company Transfers of Encryption Items. A new provision permitting intra-company transfers of encryption items will be added in a new Section 740.17(a)(1)(ii) of the EAR. This will authorize exports and reexports among related parties for internal use when the parent company is headquartered in a country that is listed in Supplement No. 3 to Part 740.
 
Updates to Section 740.17(b)(2) “Restricted Items”
 
The controls on Restricted Encryption Items described in Section 740.17(b)(2) of the EAR will be updated, featuring a new definition of “Network Infrastructure,” as well as some important, albeit modest, increases to the control parameters.
 
Definition of “Network Infrastructure”. BIS will publish the following definition of “network infrastructure” as a Note to items controlled in Section 740.17(b)(2) of the EAR:
 
“‘Network infrastructure’ (as applied to encryption items). A ‘network infrastructure’ commodity or software is any “end item,” commodity or “software” for providing one or more of the following types of communications:”
 
  (a) Wide Area Network (WAN);
  (b) Metropolitan Area Network (MAN);
  (c) Virtual Private Network (VPN);
  (d) Satellite;
  (e) Digital packet telephony/media (voice, video, data) over Internet protocol;
  (f) Cellular; or
  (g) Trunked.
 
Note 1 to paragraph 2: ‘Network infrastructure’ end items are typically operated by, or for, one or more of the following types of end users:
 
  (1) Medium- or large- sized businesses or enterprises;
  (2) Governments;
  (3) Telecommunications service providers; or
  (4) Internet service providers.

Note 2 to paragraph 2: Commodities, software and component for the “cryptographic activation” of a ‘network infrastructure’ item are also considered ‘network infrastructure’ items.  
 
The underlying concept is that Encryption Items sold to medium and large enterprises, and telecommunications and internet service providers, should be controlled as “Network Infrastructure” items, whereas items sold for use in branch offices of such enterprises and consumers should be exempted.
 
Encrypted Throughput Increase. The encrypted throughput described in Section 740.17(b)(2)(i)(A)(1) of the EAR will be increased from 90 Mbit/s to 250 Mbit/s. Note that BIS has not adopted suggestions for a definition of “encrypted throughput.”
 
Single Line Data Rate Eliminated. The single line data rate parameter described in Section 740.17(b)(2)(i)(A)(2) will be eliminated as it is largely redundant for Encryption Items that are controlled based on their encrypted throughput.
 
Encrypted Tunnels and VOIP End-Points. BIS will eliminate the current limitation of 250 concurrent encrypted tunnels in Section 740.17(b)(2)(i)(A)(4). It also will increase the permitted number of encrypted VOIP end-points from 1,000 to 2,500.
 
Other Encryption Changes
 
Satellite Consumer Premises Equipment
. Satellite ground equipment installed in consumer’s premises will no longer be controlled as a restricted encryption item and is therefore eligible for “mass-market treatment”. The controls on satellite gateway ground station equipment will remain unchanged.
 
Interpreted Languages
. BIS has not previously provided consistent guidance on whether software written in an interpreted language (e.g. Python) should be treated as “source code”. While there is no greater clarity, BIS will revise the questions in Supplement No. 6 that are submitted with a CCATS request to include “Identify the version(s) and type(s) of compilers, runtime interpreters or code assemblers used, as applicable.”
 
IPsec
. BIS has added a new question to Supplement No. 6 addressing products with IPsec capabilities, requesting details of the product’s implementation of IKE vendor IDs.
 
Croatia
. Croatia will be added to Supplement No. 3.
 
Conclusion
 
As mentioned above, this is perhaps the “last gasp” of the ECR process, which so far has resulted in extensive changes to the U.S. Munitions List of the ITAR and creation of the Commerce Munitions List of the EAR, but left the controls on Encryption Items essentially static since the last significant changes in 2010.

  

* * * * * * * * * * * * * * * * * * * *

COMM_a38. Gary Stanley’s ECR Tip of the Day

(Source: Defense and Export-Import Update; available by subscription from
gstanley@glstrade.com
)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
 
In general, the effect Export Control Reform has had on the FMS program has been minimal. Per EAR § 734.3(b)(1)(vi), “… items that would otherwise be subject to the EAR and that are sold, leased or loaned by the Department of Defense to a foreign country or international organization under the Foreign Military Sales (FMS) Program of the Arms Export Control Act, pursuant to a Letter of Offer and Acceptance (LOA) authorizing such transfers, are not ‘subject to the EAR’ but rather, are subject to the authority of the Arms Export Control Act.”

* * * * * * * * * * * * * * * * * * * *

MSEX/IM MOVERS & SHAKERS

MS_a19
. Monday List of Ex/Im Job Openings: 113 Jobs Posted

(Source: Editor)  


 
Published every Monday or first business day of the week.  Send openings in the following format to
apbosch@fullcirclecompliance.eu
.
 
COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFO; REQ ID

*” New listing this week:

 

 * 3M; Maplewood MN;
Trade Compliance Project Leader
; Requisition ID: 112850

* AAR Corp; Wood Dale IL;
Trade Compliance Manager
; Requisition ID: 5923

* Abbvie; Lake County IL;
Senior Analyst, Global Trade Compliance
; Requisition ID: 1605835

* Airschott / Seaschott; Wash DC/National;
National Sales Director
;
newhire@airschott.com

* Amazon; Beijing, China; 
Trade Compliance Program Manager
; Requisition ID: 344454

* Amazon; London, UK;
Trade Compliance Program Manager (M/F)
; Requisition ID: 429019

* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432560
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432561
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432564
* Amazon; Seattle WA;
Sanctions Compliance Specialist
; Requisition ID: 431298

* Amazon; Seattle WA;
NA Compliance Analyst; Requisition ID: 256357

* Amazon; Seattle WA;
Global Trade Compliance Program Manager – Corporate Projects; Requisition ID: 390244
* Amazon; Seattle WA;
Prime Air Trade Compliance Program Manager; Requisition ID: 395658

* Amber Road; Mclean VA;
Senior Trade Specialist
 * Aramco Services Company; Houston TX;
Trade Compliance Specialist
; Requisition ID: 295802

* Armstrong Flight Research Center; Edwards AFB CA; Export Control Specialist; Requisition ID: AF16D0026

* ASML; Hong Kong or Taiwan; Expertise Manager International Trade, Customs and Export Controls APAC; Requisition ID: TW00208

* Baylor University; Waco TX;
Manager Export Compliance; Requisition ID: S030428

* Beckman Coulter; Nyon Switzerland;
Senior Trade Compliance Manager – L&D EMEAI
; Requisition ID: DIA009227


* Bourns Inc.; Riverside CA;
Director Worldwide Contracts
;
BournsHR.Riv@bourns.com


* Bunn-O-Matic Corporation; Springfield IL;
Global Logistics Analyst
;
employment.openings@bunn.com
; GO1678
* Bunn-O-Matic Corporation; Springfield IL;
Global Trade Compliance Analyst
;
employment.openings@bunn.com
; GO1687

* Burberry; New York NY;
US Customs Operations Manager
; Requisition ID: 95585

 * Cargill; Wayzata MN;
North America Customs Advisor

* CONMED Corporation; Utica NY;
Logistics & Trade Compliance Analyst
; Requisition ID: 3469
* Coriant; Naperville IL;
Sr Mgr of Global Trade Compliance
; Requisition ID: 11353

* Cummins, Inc.; Columbus IN; 
Export Controls Analyst Senior
;
scot.lashley@cummins.com

* DeLaval; Kansas City MO;
Trade Compliance Manager

* DoD/DSS; Parsippany NJ; Industrial Security Specialist; Requisition ID: DSS-16-1758834-B

* DoD/DSS; San Diego CA; Industrial Security Specialist; Requisition ID: DSS-16-1748385-MP

* DRS Technologies; Germantown MD;
Senior Trade Compliance Manager
;
Requisition ID: 54749
* DRS Technologies; Melbourne FL;
Senior Trade Compliance Specialist
; Requisition ID: 59327

*
DynCorp International LLC; Fort Worth TX;
BD Trade Compliance Manager
; Requisition ID: 1601114

* Esterline Technologies Corporation; Bellevue WA;
Senior Manager Trade Compliance – Segment Jurisdiction and Classification
; Requisition ID: 7187BR


* Esterline Technologies Corporation; Buena Park CA;
Trade Compliance Specialist 3
; Requisition ID: 6025BR

* Esterline Technologies Corporation; Buena Park CA;
Trade Compliance Team Lead
; Requisition ID: 7125BR

* Esterline Technologies Corporation; Brea CA;
Trade Compliance Manager; Requisition ID: 7333BR

* Esterline Technologies Corporation; Everett WA;
Trade Compliance Specialist III
; Requisition ID: 7805BR

* Esterline Technologies Corporation; Paso Robles CA;
Trade Compliance Manager
; Requisition ID: 6148BR

* Esterline Technologies Corporation; Valencia CA;
Trade Compliance Manager
; Requisition ID: 6648BR

* Export Solutions Inc.; Melbourne FL; 
Trade Compliance Specialist II

info@exportsolutionsinc.com

* FLIR Systems; Arlington VA;
Director of Defense Trade Licensing & Compliance

* Google; Hyderabad, India; 
Logistics Trade Compliance Manager, APAC/India 

* Graco; Rogers MN;
Trade Compliance Supervisor 

* Henderson Group Unlimited Inc.; Wash DC;
Commodities Jurisdiction Analyst
;
alannasmith@hendersongroupinc.net


* Henkel; Amsterdam, the Netherlands;
Global Trade Compliance Manager (m/f)
; Requisition ID:
160004JX

* IBM; Dallas TX;
Global Trade Compliance Senior Analyst
; Requisition ID: 55904BR
 * IBM; Tulsa OK;
Global Trade Compliance Manager
; Requisition ID: 61779BR

* ICAT Logistics; Elkridge MD;
Domestic Operations Agent 

* ICAT Logistics; Elkridge MD;
International Operations Agent 

* Intel; Santa Clara CA;
Global Import Regulatory Program Manager; Requisition ID: 802320


 * L-3 Communications; Greenville TX;
International Trade Compliance Admin 2
; Requisition ID: 083430

* L-3 Communications, Platform Integration Division; Waco TX;
Export/Import Compliance Administrator A3
; Requisition ID: 083171

* Lam Research Corporation; Fremont CA:
Foreign Trade Analyst 6
; Requisition ID: 12079BR

* Lumber Liquidators; Toano VA;
Compliance Auditor
; Requisition ID: 913

* Lumber Liquidators; Toano VA;
Supply Chain Compliance Specialist
; Requisition ID: 1578

* Lutron; Coopersburg PA; Trade Compliance Coordinator; Requisition ID: 2834

* Lutron; Coopersburg PA;
Trade Manager
; Requisition ID: 2926

* MACOM; Lowell MA;
Trade Compliance Analyst
;
David.Cassin@MACOM.com
; Requisition ID: 1522

* Mars; Chicago IL;
Trade Compliance Analyst
; Requisition ID: 60654
* Mars; Chicago IL;
Trade Compliance Specialist
; Requisition ID: 69456

* Meggitt (Erlanger), LLC; Erlanger KY;
Trade Compliance Manager
; Requisition ID: 22005

* Meggitt Advanced Composites Limited; Shepshed, UK;
Trade Compliance Officer
; Requisition ID: 22122

* Meggitt PLC, Los Angeles;
Trade Compliance Administrator II
; Requisition ID: 22591

 * Mentor Graphics; Fremont CA;
Senior Global Trade Compliance Manager
; Requisition ID: 5129

* Microsoft; Redmond WA;
Trade Director, Regulatory Compliance & Standards
;
rybeli@microsoft.com
; Requisition ID: 973167

* Monsanto; St Louis MO;
North America Global Trade Specialist
; Requisition ID: 01CGT

* Moog; East Aurora NY;
Export Compliance Manager;
anihill@moog.com; Requisition ID: 161913

* Northrop Grumman T
echnology Services Sector, Advanced Defense Services (ADS) Division
; International Posting (Saudi Arabia);
Manager International Trade Compliance 1
(Saudi Arabia)
; Requisition ID: 16003577

* Northrop Grumman Corporation; Falls Church VA;
Corporate Counsel – Export/Import
; Requisition ID: 16011617
* Northrop Grumman Corporation; Sierra Vista AZ and Herndon VA;

International Trade Compliance Analyst 4
; Requisition ID: 16008077 

* Northrop Grumman Corporation; Falls Church VA;
International Trade Compliance Analyst 3/4
; Requisition ID: 16016665

* Northrop Grumman Corporation; International Posting (Europe);
Global Trade Management Europe 1
; Requisition ID: 16016526
* Northrop Grumman Corporation; Herndon VA;
Manager International Trade Compliance 2
; Requisition ID:
16003572
* Northrop Grumman Corporation; Linthicum MD;
International Trade Compliance Analyst 3
; Requisition ID: 16013233
* Northrop Grumman Corporation; San Diego CA;
Manager International Trade Compliance 2
; Requisition ID: 16017984


* PerkinElmer; Waltham MA;
Manager Trade & Customs

* Qorvo; Richardson TX;
Import/Export Analyst
; Requisition ID:
0004791
* Raytheon; Arlington VA;
Export Licensing SME/Empowered Official
; Requisition ID: 85810BR

* Raytheon; Arlington VA/Wash DC;
Export Licensing Manager
; Requisition ID: 83780BR


* Raytheon; El Segundo CA;
Manager I Export-Import Control
; Requisition ID: 85354BR

* Raytheon; Fullerton CA;
Global Trade Compliance Manager
; Requisition ID: 85521BR

* Raytheon; Indianapolis IN;
Director Export-Import Control
; Requisition ID: 86373BR
* Raytheon; Indianapolis IN;
Principal SC Compliance Specialist
; Requisition ID: 84932BR

* Raytheon; Rosslyn VA;
Director of Licensing; Requisition ID: 83836BR


* Raytheon; Waltham MA;
Sr Principal SC Compliance Specialist
; Requisition ID: 86169BR
* Sekisui; San Diego CA;
International Trade Compliance Associate
; Requisition ID: 1196

*
Sierra Nevada Corporation; Denver CO;
Trade Compliance Licensing Manager
; Requisition ID:
R0001568


* Tecomet; Lansing MI;
Export Control Coordinator – EAR/ITAR
; Requisition ID: 1539

* TE Connectivity; Middletown PA;
Senior Director Global Trade Services
; Requisition ID: 2016-73314

* Textron Systems; Hunt Valley MD;
Principal Export Compliance Analyst
; Requisition ID: 242851

* Textron Systems; Wilmington MA;
Principal Export Compliance Analyst
; Requisition ID: 242857


* ThermoFisher Scientific; Fremont CA;
Senior Global Trade Compliance Analyst
; Requisition ID: 38513BR

* Troy Corporation; Florham Park NJ;
Global Trade and Compliance Manager
; Requisition ID: 306


* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Self-Assessment Senior Specialist
; Requisition ID: 13727BR 
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Sr. Manager, ITC Contracts & Central Functions
; Requisition ID: 31767BR

* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Manager, ITC-Authorizations
; Requisition ID: 22846BR  
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Specialist, ITC IT Systems
; Requisition ID: 33792BR

* United Technologies Corporation, UTC Aerospace Systems; Danbury CT;
ITC Site Lead
; Requisition ID: 30565BR

* United Technologies Corporation, UTC Aerospace Systems; Danbury CT; 
Sr Analyst, International Trade Compliance
; Requisition ID: 28174BR


* United Technologies Corporation, UTC Aerospace Systems; Phoenix AZ; Sr Analyst, International Trade Compliance; Requisition ID: 30058BR 
* United Technologies Corporation, UTC Aerospace Systems; Pueblo CO; 
Sr Analyst, Intl Trade Compliance
; Requisition ID: 27643BR


* United Technologies Corporation, UTC Aerospace Systems; Westford MA;
Segment Lead, International Trade Compliance
;
Requisition ID: 30451BR

* Vista Outdoor; Overland Park KS;
Import Specialist, International Trade Operations
; Requisition ID: R0000433

* VWR International, LLC; Radnor PA;
Senior Specialist – Import Compliance
; Requisition ID: 11513

* Westinghouse Electric Company; Cranberry Township PA;
Lead, Global Nuclear Export Control
; Requisition ID:
22493BR


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ENEDITOR’S NOTES

 
Notable birthdays:

* Leon Jaworski (Leonidas “Leon” Jaworski, 19 Sep 1905 – 9 Dec 1982, was the second special prosecutor during the Watergate Scandal. He was appointed to that position on November 1, 1973, soon after the Saturday Night Massacre of October 19-20, 1973, that resulted in the dismissal of his predecessor, Archibald Cox.)
  – “From Watergate we learned what generations before us have known; our Constitution works. And during Watergate years it was interpreted again so as to reaffirm that no one – absolutely no one – is above the law.”

* Samuel Johnson (18 Sep 1709 – 13 December 1784, often referred to as Dr. Johnson, was an English writer who made lasting contributions to English literature as a poet, essayist, moralist, literary critic, biographer, editor and lexicographer.)
  – “The true measure of a man is how he treats someone who can do him absolutely no good.”
  – ” Praise, like gold and diamonds, owes its value only to its scarcity.”

Monday is pun day.  (Today is also International “Talk Like a Pirate” Day, and I heard that if you go into a Krispy Kreme shop today and talk like a pirate, you will get a free donut.)  

A pirate walks into a bar wearing a paper towel as a hat. The bartender says, “What’s with the paper towel?” The pirate says, “Arrrrrrr, I got a Bounty on me head.”
  –James Barter, Sacramento, California

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EN_a211
. Are Your Copies of Regulations Up to Date?
(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  Changes to applicable regulations are listed below.
 
*
ATF ARMS IMPORT REGULATIONS
: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War
  – Last Amendment: 15 Jan 2016: 81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm 
 
*
CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199
  – Last Amendment: 26 Aug 2016: 81 FR 58831-58834: Administrative Exemption on Value Increased for Certain Articles 

* DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M
  – Last Amendment: 18 May 2016: Change 2: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and canceled Supp. 1 to the NISPOM  (Summary here.)

* EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774 
  – Last Amendment: 7 Sep 2016: 81 FR 61595-61612: Russian Sanctions: Addition of Certain Entities to the Entity List 

  
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
  – Last Amendment: 18 May 2016: 81 FR 31169-31171: Burmese Sanctions Regulations   
 
*
FOREIGN TRADE REGULATIONS (FTR)
: 15 CFR Part 30
  – Last Amendment: 15 May 2015; 80 FR 27853-27854: Foreign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import Bond 
  – HTS codes that are not valid for AES are available
here.
  – The latest edition (9 Mar 2016) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and footnotes containing case annotations, practice tips, and Census/AES guidance.  Subscribers receive revised copies every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance website.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR.
 
*
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jul 2016: 19 USC 1202 Annex.  (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)
  – Last Amendment: 30 Aug 2016; Harmonized System Update (HSU) 1612, containing 4,692 ABI records and 935 harmonized tariff records.  
  – HTS codes for AES are available
here
.
  – HTS codes that are not valid for AES are available
here.
 
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130 (Caution — The ITAR as posted on GPO’s eCFR website and linked on the DDTC often takes several weeks to update the latest amendments.)
  – Latest Amendment: 8 Sep 2016; 81 FR 62004-62008: 22 CFR Parts 120, 125, 126, and 130; Public Notice: 9672; RIN: 1400-AD70; International Traffic in Arms: Revisions to Definition of Export and Related Definitions
  – The only available fully updated copy (latest edition 8 Sep 2016) of the ITAR with all amendments is contained in Bartlett’s Annotated ITAR (“BITAR”), by James E. Bartlett III.  The BITAR contains all ITAR amendments to date, plus a large Index and over 700 footnotes containing case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text.  Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment.  The BITAR is the essential tool of the ITAR professional.  The BITAR is available by annual subscription from the Full Circle Compliance website.  BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please contact us to receive your discount code.

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EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., edited by James E. Bartlett III and Alexander Bosch, and emailed every business day to approximately 7,500 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOJ/ATF, DoD/DSS, DoD/DTSA, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* INTERNET ACCESS AND BACK ISSUES: The National Defense Industrial Association (“NDIA”) posts the Daily Update on line, and maintains back issues since August, 2009 here.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission. Any further use of contributors’ material, however, must comply with applicable copyright laws.

* CAVEAT: The contents of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

* SUBSCRIPTIONS: Subscriptions are free.  Subscribe by completing the request form on the Full Circle Compliance website.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

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